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A new forever war: the Pentagon’s post-Roe abortion stance ignites political, legal fights

  • June 13, 2023

It’s a new kind of forever war for the Pentagon as battles play out in the courtroom and at the ballot box, with deeply emotional implications for female troops and ripple effects throughout American society.

Far from providing certainty, the Defense Department’s decision to fund out-of-state travel for female service members to obtain abortions has instead raised high-stakes questions and could create the most personal of political footballs.

Analysts say the looming challenges to the policy will break the legal ground.

The more immediate fights could be in the political arena. Without affirmation from federal courts, the policies adopted by the Pentagon and the Department of Veterans Affairs could easily be reversed by a future Republican president — and the next Democratic-led Defense Department could then undo that reversal.

Such back-and-forth would be reminiscent of the on-again, off-again Mexico City policy, which prohibits nongovernmental organizations from promoting abortions as a condition of receiving any US family planning funding. The Biden administration has accepted that policy. President Trump reinstated it in a series of partisan tit-for-tat moves since its inception under President Reagan.

The Justice Department says the Pentagon is on a solid legal footing to offer time off, travel reimbursement and other aid to female troops who, because of state laws, must seek legal abortions elsewhere. Supporters note that many large US bases are in the South and other conservative parts of the country where state legislatures have rushed to impose or reinstate abortion curbs.

SEE ALSO: Supreme Court leaves abortion pill access alone while case goes through courts

Defense Secretary Lloyd Austin signaled his plans just days after the Supreme Court ruling in June. “I am committed to taking care of our people and ensuring the readiness and resilience of our forces. The department is examining this decision closely

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Nursing home owner must face NLRB case despite bankruptcy protections

  • May 11, 2023

A federal agency can proceed litigating allegations of unfair labor practices against the operator of several Connecticut nursing homes that declared bankruptcy in 2013.

The ruling from the 3rd Circuit Court of Appeals allows the National Labor Relations Board to move against 710 Long Ridge Road Operating Company II LLC, which has been in and out of bankruptcy and other courts for more than a decade. Court documents emphasize the “complex” nature of the case, but the ruling from a three-judge panel on the Circuit Court found the question “before [them] simple” before noting that the preliminary injunction filed against the NLRB was incorrect. That leaves the agency free to pursue its case against the owner, despite the bankruptcy proceedings. 

In June 2012, HealthBridge Management LLC, which managed several nursing homes owned by 710 Long Ridge Road,  announced that it had reached an impasse with unions representing workers at five nursing homes that operated under separate but similar collective bargaining agreements, according to court documents and local reporting. The unions represented approximately 700 employees at Long Ridge of Stamford, Newington Health Care Center, Westport Health Care Center, West River Health Care Center, and Danbury Health Care Center. The agreements were in effect from Dec. 31, 2004, to March 16, 2011. 

The management company then made its “Last, Best, and Final” offer on June 17, 2012, which was rejected by the union as being “unfair to the employees,” according to the Westchester & Fairfield County Business Journals. Employees went on strike on July 3, 2012, after which the company hired replacement workers, court documents noted. 

In February 2013, the US Supreme Court ruled against the company that wanted to delay a lower court ruling ordering it to reinstate the striking workers. The case took another twist about a year later

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Burr joins global law firm in first private sector move

  • March 10, 2023

Former U.S. Sen. Richard Burr didn’t need very long to transition into a new professional career, joining the global law firm of DLA Piper.

The firm said Tuesday that Burr, of Winston-Salem, will work with the firm’s Regulatory and Government Affairs practice group as a principal policy adviser.

The Republican retired from Congress in January after serving five terms in the U.S. House and three terms in the U.S. Senate.

Under congressional rules, Burr cannot lobby his former Senate colleagues for two years.

Burr spent much of his time in Congress preferring a lower profile even as he took leadership roles in key Senate public health, finance and foreign intelligence committees.

Burr will join the firm with a team of policy advisers that will supplement its legal, policy, economic, medical and technological attorneys and advisers in the health care and life sciences field.

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Among the advisers are Margaret Martin, the committee’s former senior adviser of health policy, and Michael Sorensen, Burr’s former director of operations.

“We are excited to join DLA Piper and help clients navigate the funding, regulation, policy and political landscape of the health care system, from drug development to patient care,” Burr said in a statement.

Burr said his team will provide “unparalleled insight and strategic advice at a time of regulatory and political uncertainty.”

“In addition to the draw of DLA Piper’s strong platform, its expansive global footprint is one of the reasons we chose the firm,” Burr said. “Life sciences is global by every nature, and this allows us to build a roadmap to advise clients no matter where they’re doing business.”

Burr’s duties will include being chairman of the firm’s Health Policy Strategic Consulting practice “to provide policy advice, strategic consulting and a wide range of related services to life

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Burr joins global law firm as regulatory advisor

  • March 6, 2023

Former North Carolina U.S. Sen. Richard Burr has joined DLA Piper as an advisor in the global law firm’s regulatory and government affairs practice.

Burr, who retired from the Senate this year after almost three decades in Congress, joined as the chairman of the firm’s health policy consulting group, DLA said in a statement. He’s expected to consult on policy to life sciences and health care companies “navigating a rapidly changing policy landscape and significant regulatory and political uncertainty,” the firm said.

His team will focus on strategic planning, business consulting and congressional and federal agency consulting, the firm said. Burr’s group will also help clients identify legislative or regulatory opportunities or vulnerabilities, DLA said.

During his tenure in Congress, Burr was a member of the Senate Committee on Health, Education, Labor and Pensions. He helped lead a number of government health care initiatives focused on everything from regulatory modernization, pandemic prevention and biomedical research, among others.

Burr also served as chairman of the Senate Select Intelligence Committee and as a member of the Senate Finance Committee. Burr’s expertise in those areas could help the firm advise clients on other policy areas, such as energy, national security and defense, technology, financial services, tax policy and education, DLA said.

Burr is the latest former member of Congress from North Carolina to transition to consulting work. U.S. Rep. G.K. Butterfield, who served 18 years in Congress before deciding not to run for reelection, joined McGuireWoods Consulting as a senior advisor in its Washington, D.C., office.

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“Do they have to be dying in front of me?”

  • August 15, 2022

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The decision to overturn Roe is upending reproductive health care in states that have enacted abortion bans and restrictions. Stories are already coming in about patients experiencing denials or delays in care due to the new legal risks

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How to Set Up a Power of Attorney

  • August 6, 2022

When it comes to a power of attorney document, you don’t seem to need it — until you suddenly, desperately…

When it comes to a power of attorney documents, you don’t seem to need it — until you suddenly, desperately do.

Designing a power of attorney is crucial to creating a strong financial plan, but you might be surprised to learn many experts recommend that this power be named as soon as individuals turn 18 years old. Without a power of attorney, even your spouse may not be able to make medical or financial decisions for you if you were to become incapacitated — depending on the state in which you reside and the policies of your financial institutions.

“If you lose the capacity to make those decisions, someone still has to have that right — whether family members or sometimes even the state,” says Cynthia Griffin, an estate planning attorney at Burnett and Griffin in Kentucky. “A lot of people are really concerned about giving someone else the power to act on their behalf when it comes to their personal and private banking, real estate,” she says, but there are many options to consider when drafting the power of attorney documents that can make individuals more comfortable.

What Is Power of Attorney?

Power of attorney allows a third party, known as the attorney-in-fact or the agent, to make financial, legal and sometimes health decisions on someone’s behalf. Without a power of attorney, loved ones can be rendered unable to manage the health care decisions and finances of any adult who is unable to do so themselves — whether that individual is a 19-year-old car accident victim or a 90-year- old needing nursing home care.

“From the moment you turn 18, you need this,” says Jennifer D. Taddeo, estate

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ATTORNEY
December 2023
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